Terms of Service

Eligibility and Accounts

You may use Shelf Talker only if you have the legal capacity to enter into a binding agreement and are authorized to act on behalf of any winery, importer, wholesaler, distributor, retailer, agency, or other entity for which you use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Scope of the Services

Shelf Talker provides software and related services for creating, organizing, sharing, exporting, and printing shelf talkers and related point-of-sale marketing materials. Shelf Talker is a software platform only. Shelf Talker does not act as a licensed alcohol retailer, wholesaler, importer, distributor, broker, or regulatory authority, and Shelf Talker does not provide legal advice.

Alcohol-Industry Compliance

If you use the Services in connection with alcoholic beverage products, trade marketing, promotions, retail display materials, or communications among industry members, you represent, warrant, and agree that you are solely responsible for ensuring that your use of the Services complies with all applicable federal, state, and local laws, regulations, and industry rules. This includes, without limitation, tied-house laws, trade practice restrictions, three-tier system requirements, licensing obligations, advertising rules, labeling rules, and consumer protection laws.

You acknowledge that alcohol-industry laws vary significantly by jurisdiction and may apply differently depending on your role, including whether you are a winery, brewery, distillery, supplier, importer, wholesaler, distributor, retailer, marketing agency, or service provider. You are responsible for obtaining your own legal advice regarding lawful use of the Services.

Tied-House Restrictions

You may not use the Services to violate or facilitate the violation of any tied-house or related alcohol trade practice law. Without limitation, you may not use the Services to offer, provide, fund, subsidize, reimburse, or facilitate any unlawful thing of value, service, benefit, free access, discounted access, software subscription, advertising support, display support, or other inducement to any retailer or other industry participant where prohibited by law.

You further agree that you will not use the Services to create, distribute, manage, or support materials, access arrangements, or promotional programs intended to improperly influence a retailer's purchasing decisions, shelf placement, display priorities, exclusivity, or preferred treatment for any alcoholic beverage brand, supplier, importer, wholesaler, winery, or distributor.

If you invite team members, share designs, provide account access, or enable use of the Services for third parties, you are solely responsible for ensuring that such access does not constitute an unlawful tied-house benefit, inducement, or other prohibited practice.

Prohibited Conduct

You agree not to use the Services to:

• violate any applicable law, regulation, or licensing requirement;
• publish or distribute false, misleading, deceptive, or unlawful alcohol-related content;
• facilitate unlawful pay-to-play, slotting, display allowance, advertising allowance, or similar arrangements;
• infringe or misappropriate any intellectual property, publicity, privacy, or contractual rights;
• upload malicious code, interfere with the Services, or attempt unauthorized access to any account or system; or
• use the Services in a manner that could expose Shelf Talker to regulatory or legal risk.

User Content

You retain ownership of the text, images, logos, branding, and other materials you upload, generate, or distribute through the Services. You grant Shelf Talker a non-exclusive, limited license to host, store, process, display, reproduce, and transmit that content solely as necessary to operate, maintain, secure, and improve the Services.

You represent and warrant that you have all rights necessary to use your content and that your content does not violate these Terms or any applicable law.

Subscriptions and Billing

Certain features may require a paid subscription. You agree to pay all applicable fees and taxes associated with your selected plan. Subscription features, limits, pricing, and availability may change from time to time as permitted by law. Failure to maintain a valid subscription may result in loss of access to paid features.

Suspension and Termination

Shelf Talker may suspend, restrict, or terminate your access to the Services, remove content, or disable sharing or team features if we believe, in our sole discretion, that your use may violate these Terms, applicable alcohol laws, tied-house rules, or other legal requirements, or if your use poses a risk to Shelf Talker, other users, or third parties.

Disclaimers

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Shelf Talker does not warrant that the Services will be uninterrupted, error-free, secure, or legally sufficient for your specific business, industry, or jurisdictional requirements.

Limitation of Liability

To the fullest extent permitted by law, Shelf Talker and its owners, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, business opportunities, or regulatory standing, arising out of or relating to your use of the Services.

Indemnification

You agree to defend, indemnify, and hold harmless Shelf Talker and its owners, officers, employees, contractors, affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, penalties, fines, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your content, your violation of these Terms, or your violation of any applicable alcohol-industry law, regulation, tied-house restriction, or licensing requirement.

Changes to These Terms

Shelf Talker may update these Terms from time to time. Updated Terms will become effective when posted on this page unless a different effective date is stated. Your continued use of the Services after updated Terms become effective constitutes your acceptance of the revised Terms.

References

The following official resources provide background on the alcohol-industry compliance topics referenced in these Terms, including trade practices, tied-house restrictions, advertising, labeling, and deceptive marketing rules:

• TTB Trade Practices
• TTB Alcohol Beverage Advertising
• TTB Alcohol Beverage Labeling and Advertising
• TTB Trade Practices Industry Circulars
• California ABC: Tied House Reminder - Payments Between Retailers and Suppliers
• California ABC: Supplier Payments to Retail Licensees
• New York State Liquor Authority: Trade Practice Issues
• FTC Advertising FAQ's: A Guide for Small Business
• FTC Advertising and Marketing Guidance

These references are provided for general informational purposes only and do not constitute legal advice. Because alcohol laws vary by jurisdiction and business role, you should consult qualified counsel regarding your specific use of the Services.